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What are the Legal Requirements for Proving Guilt in Italy
If you are the victim of a crime in Italy, your first step should be to contact the police and local authorities as soon as possible. Once a crime has been reported, Italian police will work to gather evidence and make arrests following a statement provided by the victim. However, the burden of proof falls upon those who are the victims of a crime, as well as their representatives, to prove that a crime was committed. With the help of Giambrone and Partners’ qualified Italian lawyers, this can be achieved.
In our guide, we will explore the burden of proof in Italy, as well as what is required to establish guilt, as well as outlining the accused’s rights. We will also explore what happens if a crime is not proven in Italy, and how our lawyers at Giambrone and Partners can assist.
Click on the links below to jump to that section:
To prove guilt, there are certain steps that must be taken
Discover the requirements of proving guilt in Italy
If you are accused of a crime in Italy, you have rights throughout the entirety of criminal proceedings
If a crime cannot be proven, discover what can happen next
Read how our Italian avvocatos (lawyers) can assist you
What is the Burden of Proof in Italy?
In the Italian legal system, all evidence is governed by the Code of Civil Procedure and the Civil Code. The burden of proof is governed by the civil code, which states that “those intending to enforce a right before a court shall provide evidence of the facts supporting their claim.” Therefore, those wishing to prosecute someone for a crime must present evidence of the crime and the perpetrators before it can be pursued.
The defendant, on the other hand, should provide proof that they are innocent, as in courts of England and Wales. Section 115 of the Code of Civil Procedure states that the court can consider facts to have been proven. You can find out more about the rules of evidence in our previous guide here.
How is the Burden of Proof established in Italy?
In criminal cases, the defendant must be proven guilty “beyond reasonable doubt.” To do this, the prosecution must collect valid evidence that convinces a judge, or a jury, that the defendant committed the crime. To prove a crime was committed by an individual or group, evidence can include:
Direct evidence, such as eyewitness accounts, recordings, DNA and fingerprints on a weapon
Circumstantial evidence, such as fingerprints from the scene, past threats and eyewitness accounts of the time around when the crime took place
Testimonial evidence, which takes place in the court, often under oath
Forensic evidence, such as clothing and hair fibres, gunshot residue and footprints.
Gathering this evidence can be difficult sometimes, especially if you do not reside in Italy. Italian criminal lawyers can act on your behalf and help you gather the necessary evidence to build your case, even if you are based in the UK. Our multijurisdictional and multilingual Italian lawyers can communicate on your behalf and translate important documents, enabling you feel confident that your case is being handled professionally.
Contact our Italian criminal lawyers today.
What are the Rights of the Accused in Italy?
Those accused of a crime, as in most countries, have many rights that should be respected by the police, Public Prosecutor and other relevant parties involved. Most importantly, all individuals accused of a crime have the right to defence, and should also be presumed innocent until proven otherwise. They also have the right to gather their own evidence to prove their innocence, the right to speak with a family member upon their arrest and the right to bail. If they do not speak Italian, they also have the right to an interpreter.
Italian law also provides “timely and confidential information” for the accused regarding the charge and the reasons said charges have been brought against them. Jurisdiction is usually designated as the area in which the crime took place, and the trial will subsequently take place in a court in that area. Defendants in Italy are also entitled to legal aid.
Need legal representation in an Italian criminal case? Get in touch for a free consultation.
What Happens if a Crime is Not Proven in Italy?
When a crime cannot be proven, it can be an emotional time on both sides. Whether there was not enough evidence to send the case to court or a defendant was found not guilty, there are steps to take if you were a victim of a crime and believe someone should face legal consequences.
If you wish to appeal the court’s decision as a defendant, you can approach the Court of Appeal in Italy, known as the Supreme Court of Cassation. However, if the defendant is found not guilty, the victim unfortunately cannot appeal the decision made by the jury. In rare instances, it may be possible to ask for a retrial if new, compelling evidence has been found. However, this new evidence needs to be of a high standard.
If not enough evidence was found to prosecute and send an individual to court, more evidence will need to be found before someone can be formally charged. You can do this with the help of an Italian criminal lawyer.
How Italian Lawyers at Giambrone and Partners Can Help
At Giambrone and Partners, we can guide you through every step of the criminal procedure, with extensive knowledge of the Italian legal system for both civil and criminal cases. We can communicate with relevant parties on your behalf, translating documents to make the process easier to understand. We will fight your corner throughout, leaving no stone unturned to help you get the results you deserve.
To find out more about how our Italian criminal law services can help you, get in touch with us today.